SUMMARY MINUTES OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
FRIDAY, March 1, 2002

Notice having been duly given, the regular meeting of the South Coast Air Quality Management District Board was held at District Headquarters, 21865 E. Copley Drive, Diamond Bar, California. Members present:

Councilmember Norma J. Glover, Chairman
Cities of Orange County

William A. Burke, Ed.D., Vice Chairman
Speaker of the Assembly Appointee

Mayor Michael D. Antonovich (arrived at 9:20 a.m.)
County of Los Angeles

Councilmember Hal Bernson
Cities of Los Angeles County - Western Region

Councilmember Beatrice J. S. LaPisto-Kirtley
Cities of Los Angeles County - Eastern Region

Mayor Ronald O. Loveridge
Cities of Riverside County

Supervisor Jon D. Mikels
County of San Bernardino

Mayor Pro Tem Leonard Paulitz
Cities of San Bernardino County

Supervisor James W. Silva
County of Orange

Ms. Cynthia Verdugo-Peralta
Governor’s Appointee

Supervisor S. Roy Wilson, Ed.D.
County of Riverside

Members absent:

Ms. Jane W. Carney
Senate Rules Committee Appointee


CALL TO ORDER: Chairman Glover called the meeting to order at 9:10 a.m.

  • Pledge of Allegiance: Led by Mr. Loveridge.

     
  • Adoption of Proclamation in Memory of Dr. Robert Morris Zweig

        Chairman Glover read into the record a proclamation from the AQMD recognizing and honoring Dr. Zweig for his unwavering vision of a cleaner, healthier world, and his extraordinary efforts to achieve a better quality of life for all Southern Californians.

ON MOTION OF DR. WILSON, SECONDED BY
MS. LaPISTO-KIRTLEY, AND UNANIMOUSLY CARRIED, THE BOARD ADOPTED THE PROCLAMATION IN MEMORY OF DR. ROBERT MORRIS ZWEIG.

MR. PAULITZ MOVED TO ESTABLISH AN AWARD IN
DR. ZWEIG’S NAME RECOGNIZING A PHYSICIAN IN THE FIELD OF AIR QUALITY AND THE IMPACTS TO PUBLIC HEALTH. THE AWARD WOULD BE PRESENTED AT THE AQMD’S ANNUAL CLEAN AIR AWARDS CEREMONY. THE MOTION WAS SECONDED BY DR. BURKE AND UNANIMOUSLY CARRIED (Absent: Antonovich and Carney).

CONSENT CALENDAR

1.

Minutes of February 1, 2002 Board Meeting  

2.

Set Public Hearing April 5, 2002 to Amend Regulation IX - Standards of Performance for New Stationary Sources  

3.

Authorize Executive Officer to Purchase NOx RTCs  

4.

Execute Contract to Cost Share Development of Odorant for Liquefied Natural Gas  

5.

Execute Contract to Cosponsor Study for Commercialization of Advanced Hybrid Electric Vehicles  

6.

Execute Agreement for Membership in Hybrid Electric Truck Operator's Forum  

7.

Approve Issuance of Program Announcement and Application for FY 2001-02 Lower-Emission School Bus Retrofit Program Funding  

8.

Approve Grants to Public School Districts to Purchase Lower-Emitting Diesel and Alternative Fuel School Buses and Infrastructure under Lower-Emission School Bus Replacement Program for FY 2001-02  

9.

Execute Additional Contracts to Generate Emissions Credits Under State Emissions Mitigation Program  

10.

Modify Contracts Executed Under FY 1999-00 Carl Moyer Program  

11.

Execute Contract to Cosponsor Development and Demonstration of One CNG-Powered Midsize School Bus and Demonstrate Two Smaller CNG School Buses  

12.

Execute Contract to Conduct Indoor and Outdoor Air Quality Study in Mira Loma Area  

13.

Appropriate Funds and Reissue RFQ to Purchase Gas Chromatograph/Mass Spectrometer System  

14.

Renew Contracts with Strategy Workshop and TLC MediaWorks for Media and Public Relations Services  

15.

Establish Classification and Add and Delete Positions  

16.

Approve Contracts under Diesel Particulate Trap Retrofit Program as Part of FY 2001-02 AB 2766 Discretionary Fund Work Program; Grant MSRC Authority to Adjust Project Costs Up to 5%; and Authorize Board Chairman to Execute Agreements  

17.

Approve AQMD Annual Investment Policy and Delegation of Authority to Appointed Treasurer to Invest AQMD Funds  

18.

Ratify and Clarify Status of Board Committee to Facilitate Rulemaking on Refinery Control Measures FUG-04, FUG-05 and CMB-09  

19.

Public Affairs Report  

20.

Hearing Board Report  

21.

Civil Filing and Civil Penalties Report  

22.

Lead Agency Projects and Environmental Documents Received by the AQMD  

23.

Rule and Control Measure Forecast  

24.

Home Rule Advisory Group Annual Report  

25.

Status Report on Mobile Source Pilot Credit Generation Rules  

26.

Notification of OEHHA's Finalization of Chronic Reference Exposure Levels  

27.

This item was moved to "Public Hearings"; see Item No. 44.  

28.

Report of RFPs and RFQs Scheduled for Release in March  

29.

FY 2001-02 Contract Activity  

30.

Status Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 2001-02

        Agenda Items Nos. 18 and 26 were held for discussion.

 
 

ON MOTION OF DR. BURKE, SECONDED BY MR. SILVA, THE BOARD: 1) APPROVED AGENDA ITEMS 1 THROUGH 17, 19 THROUGH 25, AND 27 THROUGH 30; AND 2) ADOPTED RESOLUTIONS NO. 02-08, AMENDING AQMD’S SALARY RESOLUTION TO ESTABLISH A NEW CLASS OF PRINCIPAL DEPUTY DISTRICT COUNSEL, AND NO. 02-09, DELEGATING AUTHORITY TO THE TREASURER OF THE COUNTY OF LOS ANGELES TO INVEST AND REINVEST FUNDS OF THE SCAQMD, AS RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE:

AYES: Bernson, Burke, Glover, LaPisto-Kirtley, Loveridge,
Mikels, Paulitz, Silva, Verdugo-Peralta (except Items
5 & 9
), and Wilson.

NOES: None.

ABSTAIN: Verdugo-Peralta (Items 5 & 9 only).

ABSENT: Antonovich and Carney.

 

31.

Items Deferred from Consent Calendar

 

18.

Ratify and Clarify Status of Board Committee to Facilitate Rulemaking on Refinery Control Measures FUG-04, FUG-05 and CMB-09

        Mr. Paulitz indicated he would be seeking reappointment to his Montclair City Council seat, and he would be handling all of the campaign duties personally. Therefore, he regrettably declined appointment to the ad hoc committee because he would be unable to devote the time and effort required.

        Chairman Glover indicated that she would discuss the matter with Board members and make an appointment to the ad hoc committee at a later date.

 
 

ON MOTION OF MR. PAULITZ, SECONDED BY
MS. LaPISTO-KIRTLEY, AND CARRIED UNANIMOUSLY (Absent: Antonovich and Carney), THE BOARD RATIFIED THE APPOINTMENT OF BOARD MEMBER JANE CARNEY TO THE AD HOC COMMITTEE TO FACILITATE RULEMAKING ON REFINERY CONTROL MEASURES.

 

(Mr. Antonovich arrived at 9:20 a.m.)

26.

Notification of OEHHA's Finalization of Chronic Reference Exposure Levels

        John Billheimer, of Enviro-Reality, addressed the Board to comment on this item. He suggested a review of the 13 compounds for which chronic reference exposure levels were finalized by OEHHA in December 2001 because he believes the means by which these substances get into the air are questionable. (Submitted Written Comments)

 
 

ON MOTION OF MS. VERDUGO-PERALTA, SECONDED BY MR. PAULITZ, AND CARRIED UNANIMOUSLY (Absent: Bernson and Carney), THE BOARD RECEIVED AND FILED AGENDA ITEM NO. 26, AS RECOMMENDED BY STAFF, WITH THE CORRECTION TO THE COLUMN HEADERS IN ATTACHMENT I AS SET FORTH IN THE ERRATA SHEET.

 

BOARD CALENDAR

32.

Administrative Committee

        Dr. Wallerstein noted that the Minutes of the ECAG’s December meeting, which were included with the Administrative Committee’s report, were being withdrawn so that corrections could be made. The corrected Minutes of ECAG’s meeting will be brought back to the Board at its April 5, 2002 meeting.

 

33.

Investment Oversight Committee  

34.

Legislative Committee  

35.

Mobile Source Committee  

36.

Stationary Source Committee  

37.

Technology Committee  

38.

Mobile Source Air Pollution Reduction Review Committee  

39.

California Air Resources Board Monthly Report
(
No Written Material -: Transcripts of the meetings are available at CARB's web site, www.arb.ca.gov.)
 

40.

California Fuel Cell Partnership Steering Team Meeting  
 

ON A MOTION DULY MADE AND SECONDED, AND UNANIMOUSLY CARRIED (Absent: Bernson and Carney), THE BOARD RECEIVED AND FILED AGENDA ITEMS NO. 32 THROUGH NO. 40 AND APPROVED THE FOLLOWING DRAFT FEDERAL LEGISLATIVE CONCEPTS, AS RECOMMENDED:

Concept #1 - Hydrogen Fueling Infrastructure Project

Concept #2 - Transition Assistance for Dry Cleaning Operations

Concept #3 - Natural Gas Engine Research, Demonstration, and
                      Deployment

Concept #4 - Homeland Security/Air Contaminant Monitoring Equipment

 

PUBLIC HEARINGS

41.

Prehearing and Status Report on Controlling Volatile Organic Compound and Ammonia Emissions from Composting and Related Operations  
 

        Indicating that staff needed additional time to work with the affected parties on emissions estimates and control options, Dr. Wallerstein recommended continuance of the prehearing to the April 5, 2002 Board meeting.

 
 

ON MOTION OF MR. MIKELS, SECONDED BY
MS. LaPISTO-KIRTLEY, AND UNANIMOUSLY CARRIED (Absent: Bernson and Carney), AGENDA ITEM NO. 41 WAS CONTINUED BY THE BOARD TO ITS APRIL 5, 2002 MEETING.

 
42. Annual RECLAIM Audit Report for 2000 Compliance Year  
 

        Carol Coy, DEO/Engineering & Compliance, gave a slide presentation. The public hearing was opened, and the Board heard testimony from the following individual:

CURTIS COLEMAN, Attorney at Law, on behalf of CMTA/SCAQA
        Commented that because of action taken previously by the Board, RTC prices have stabilized and were reduced to affordable levels, and companies are installing emission controls. Indicated that, other than the power producers, the
50 ton-per-year emission sources have not and are not exceeding facility emissions allocations under RECLAIM, and, therefore, the enforceable compliance plan elements are not needed. Requested that the Board direct staff to examine ways of modifying the compliance plan requirement to assure that controls are installed, but get back to the concept of allowing companies flexibility, provided they maintain compliance with RECLAIM.

        Ms. Coy responded that staff is confident that the compliance plan requirement is necessary. Although these facilities did not exceed allocations in aggregate, a number of them did exceed their allocation for the compliance year 2000.

        There being no further testimony, the public hearing was closed.

 
 

ON MOTION OF MS. LaPISTO-KIRTLEY, SECONDED BY
MR. MIKELS, AND UNANIMOUSLY CARRIED (Absent: Antonovich and Carney), THE BOARD APPROVED AGENDA ITEM NO. 42 AS RECOMMENDED BY STAFF.

 

43.

Adopt Update of Technology Advancement Plan for Clean Fuels Program and Approve Technology Advancement Annual Report  
 

        Dr. Anupom Ganguli, Technology Demonstration Manager, gave a slide presentation. The public hearing was opened. There being no requests from the public to comment on this item, the hearing was closed.

 
 

ON MOTION OF MR. PAULITZ, SECONDED BY DR. WILSON, AND UNANIMOUSLY CARRIED (Absent: Carney), THE BOARD ADOPTED RESOLUTION NO. 02-10, ADOPTING THE TECHNOLOGY ADVANCEMENT PLAN FOR THE CLEAN FUELS PROGRAM FOR 2002 AND APPROVING THE TECHNOLOGY ADVANCEMENT OFFICE ANNUAL REPORT FOR 2001, AS RECOMMENDED BY STAFF.

 

44.

Annual Report for 2001 on AB 2588 Air Toxics "Hot Spots" Program  
 

        Indicating that this annual report summarizes AQMD’s accomplishments with regard to the AB 2588 program for the year 2001 and provides the work plan for the year 2002, staff waived a formal oral presentation on this item. The public hearing was opened. There being no requests from the public to comment on this item, the hearing was closed.

 
 

ON MOTION OF MS. VERDUGO-PERALTA, SECONDED BY MS. LaPISTO-KIRTLEY, AND UNANIMOUSLY CARRIED (Absent: Carney), THE BOARD RECEIVED AND FILED AGENDA ITEM NO. 44, AS RECOMMENDED BY STAFF.

 

OTHER BUSINESS

45.

Approve Memorandum of Understanding with SCAQMD Professional Employees Association  
 

        Dr. Wallerstein commented that a tentative agreement was reached with the SC-PEA, and the monetary terms of the agreement were pursuant to the guidance given to him in closed session by the Board. Eudora Tharp, DEO/Administrative & Human Resources, briefed the Board on the nonmonetary terms of the agreement.

 
 

ON MOTION OF DR. WILSON, SECONDED BY
MS. LaPISTO-KIRTLEY, AND UNANIMOUSLY CARRIED (Absent: Carney), THE BOARD APPROVED AGENDA ITEM NO. 45, AUTHORIZING AQMD’S NEGOTIATOR TO SIGN THE RATIFIED MEMORANDUM OF UNDERSTANDING BETWEEN AQMD AND SC-PEA COVERING EMPLOYEES IN THE PROFESSIONAL BARGAINING UNIT, AS RECOMMENDED BY STAFF.

 

PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3)

 

        There was no public comment on non-agenda items.

 

CLOSED SESSION

46.

Closed Session  
 

        The Board recessed to closed session at 10:00 a.m., pursuant to Government Code section 54956.9(a) to confer with its counsel regarding pending litigation which has been initiated formally and to which the District is a party. The title of the action is MacDougall v. Thomas, AQMD, Los Angeles Superior Court Case No. GC027653.

 

ADJOURNMENT

 

        Following closed session, District Counsel Barbara Baird announced that there was no action taken in closed session to report, and the meeting was adjourned.

 
 

        The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on March 1, 2002.

 
 

Respectfully Submitted,
 
 

SAUNDRA McDANIEL
Senior Deputy Clerk

 
Date Minutes Approved: ________________________

____________________________________________
Norma J. Glover, Chairman

   

ACRONYMS

CMTA/SCAQA = California Manufacturers & Technology Association/
                              Southern California Air Quality Alliance
CNG = Compressed Natural Gas
CO = Carbon Monoxide
DEO = Deputy Executive Officer
ECAG = Ethnic Community Advisory Group
FY = Fiscal Year
NOx = Oxides of Nitrogen
OEHHA = Office of Environmental Health Hazard Assessment
RFP = Request for Proposals
RFQ = Request for Quotations
RTC = RECLAIM Trading Credit